Can ancestral property be donated without the consent of successors

177 votes

Can ancestral property be sold without consent of the successors is a question, the validity of which has been challenged in the Supreme Court. The Hon’ble Court has held that ancestral property cannot be sold, gifted, donated, or disposed of without the consent of all successors, as they are the legal heirs of the property. However, there are also specific circumstances under which the head of the family (Karta) is permitted to sell the ancestral property to meet the legal necessities of the family.

To learn more about the partition of the ancestral property, refer to LawRato’s Article “Ancestral Property Partition and Family Rights.”

LawRato LawRato

724 votes

Sir/Madam, We are 3 children to my father, 2 daughters and 1 son. We have the ancestral property of 19 acres in the village. Can my father will the complete property or can donate the property without the consent of us (successors)?? Is the property divided equally among the 3 children or more share can be given to son?? Please clarify. Thank you

Respected

As you informed, it is the ancestral property. The said property can divide equally. All will get equal right over respective shares. Your father cannot gift/sold or any kind or transfer the property without your consent. Such transfer is voidable transfer.

If interest you can contact us.

Advocate M Lakshmikanth Arya LawRato

846 votes

First of all rights on property is based on personal laws of the party involved , the religion decides it, assuming that this question is about a Hindu then a person can gift away or donate his self acquired property .if it is ancestral it cannot be so donated.

LawRato LawRato

398 votes

Can ancestral property be sold without consent of the successors is a question, the validity of which has been challenged in the Supreme Court. The Hon’ble Court has held that ancestral property cannot be sold, gifted, donated, or disposed of without the consent of all successors, as they are the legal heirs of the property. However, there are also specific circumstances under which the head of the family (Karta) is permitted to sell the ancestral property to meet the legal necessities of the family.

To learn more about the partition of the ancestral property, refer to LawRato’s Article “Ancestral Property Partition and Family Rights.”

Advocate Chikirsha Mohanty LawRato

192 votes

A gift of ancestral property is not permitted. Each legal heir has an equal right to the ancestral property. After 2005, daughters of Hindu undivided families have equal rights in ancestral property. The property inherited by Will or Gift does not count as ancestral.

Advocate Chikirsha Mohanty LawRato